Samira Ranjan Nayak vs State Of Odisha And Others
2023 Latest Caselaw 7229 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.20420 of 2023


                 Samira Ranjan Nayak                      ....             Petitioner
                                                      Mr. Arijeet Mishra, Advocate

                                              -versus-

                 State of Odisha and others               ....           Opp. Parties
                                                               Mr. Iswar Mohanty, A.S.C.




                              CORAM:
                             JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               04.07.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"Under the above facts and circumstances, it is humbly prayed by the petitioner that this Hon'ble Court may graciously be pleased to Admit, issue notice to the Opp. Parties and after hearing the parties further be pleased to issue appropriate direction(s) to the Opp. Parties more particularly Opp. Party No.3 to take a decision on regularization of the service of the petitioner as Night Watchman in consonance with the letter dt.08.10.2020 as well as the earlier order passed by this Court in similar matters under any such terms and conditions as deem just and proper.

AND further be pleased to pass any order/orders, direction/directions as deem fit and proper."

// 2 //

4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-3 Series before the Opposite Party No.3, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

5. Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-3 Series taking into consideration Annexure-4 as well as the judgments of the Hon'ble Supreme Court in the cases of Secretary, State of Karnataka v. Umadevi, reported in 2006 (4) SCC 1 and State of Karnataka v. M.L. Keshari, reported in 2010 (9) SCC 247, within a period of two months from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

( A.K. Mohapatra) Judge Signature Not Verified Debasis Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 06-Jul-2023 19:19:30